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Mining Act statutory decisions

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Cancellation

Cancellation: 'Fanny's Reward' - 24 February 2020

ML 1259 (Act 1973)

Lease is 16 km NNW of Coffs Harbour and granted for the purpose of shaft sinking and tunnelling for gold.

Section 125(1)(c) decision to cancel ML 1259 (PDF, 131.92 KB)

Reason

Contraventions of condition of authority ML 1259. Condition 2 – Mining Operations Plan (MOP) & Condition 4 – Working Requirement.

Cancellation

Cancellation: Dr Hans-Dieter Hensel - 5 June 2017

Consolidated mining lease M(C)L146 of dimension stone and granite mine located 14 km south-west of Tenterfield.

Section 125 Decision to cancel M(C)L146 (PDF, 620.7 KB)

Reason

Failing to pay the required environmental rehabilitation security deposit, failed to lodge a plan of management for the mine; not providing the department with annual reports and failing to mine the lease effectively or in good faith.

Cancellation

Cancellation: Far Western Stone Quarries Pty Ltd - 22 August and 15 December 2017

Reason

Non-payment of security deposits, rents and levies, and the failure to supply annual environmental reports.

Cancellation

Cancellation: M(C)L309 and M(C)L310 - Multiple lease holders - 5 August 2022

M(C)L 309 (Act 1992) and M(C)L 310 (Act 1992)

Leases are 24 km SSE of Mudgee and were granted for the purpose of mining Group 1 minerals.

Section 125(1)(b)(c) and (g) decision to cancel M(C)L 309 and M(C)L 310 (PDF, 303.01 KB)

Reason
  • Contravention of conditions of authorisations M(C)L 309 & M(C)L 310:
    • Contravention of Condition 22 – fail to pay joint security in full.
    • Contravention of Condition 4 – fail to submit mining operation plan (MOP).
    • Contravention of Condition 5 – fail to submit annual environmental report (AEMR), years 2016-17, 2019-20 & 2020-21.
  • Contravention of s.292C of the Mining Act 1992 – fail to pay authorisation fees - M(C)L 309 & M(C)L 310, years 2016, 2017 & 2018.
  • Fail to use the land the subject of the authority in good faith – s. 125(g) of the Mining Act 1992.
Cancellation

Cancellation: Martins Creek Gold Mine - Multiple lease holders - 5 June 2020

ML 1127 (Act 1973)

Lease is 41 km ENE of Scone and was granted for the purpose of mining gold.

Section 125(1)(b) and (c) decision to cancel ML 1127 (PDF, 143.63 KB)

Reason
  • Contravention of the Mining Act 1992.
  • Contraventions of conditions of authority ML 1127.
  • Contravention of s. 292C of the Mining Act 1992 – failure to pay rent and levy fees.
  • Contravention of Condition 3 – fail to submit Annual Environmental Management Report (AEMR), year 2017.
  • Contravention of Condition 6 – fail to submit Annual Exploration Report (AER), years 2017-18.
Cancellation

Cancellation: Mr Kris Hetherington (licence holder) 13 May 2021

Exploration Licence No. 8967 (Act 1992) (EL 8967) under Section 125 of the Mining Act 1992 (Mining Act).

This decision takes effect on 17 May 2021.

Decision document – Cancellation of EL 8967 (PDF, 618.58 KB)

Reason

Contraventions of section 5 of the Mining Act - ‘Mining or prospecting without authorisation’.

Grounds for cancellation include ‘Fit and Proper Person Considerations’ under section 380A of the Mining Act that include:

  1. section 380A(2)(f) ‘Not of good repute’;
  2. section 380A(3) ‘Compliance or criminal conduct issues’; and
  3. Contravention of section 190 of the Work Health and Safety Act 2011 (WHS Act) within the meaning of section 380A(3) of the Mining Act. 
Cancellation

Cancellation: Mr Vince Sferruzzi - Mineral claim converted to lease - 4 September 2019

M(C)L 213

Lease is 54 km NNE of White Cliffs and granted for the purpose of open cut opal mining.

Section 125(1)(c) decision to cancel M(C)L 213 (PDF, 352.92 KB)

Reason

Failed to pay the required security deposit, condition of lease M(C)L 213.

Cancellation

Cancellation: Noel Charles Masen - 25 January 2018

Mining lease ML613 and authority to mine over Nymboida Clay Pit located 32 km south-west of Grafton

Section 125 Decision to cancel authority ML613 (PDF, 694.06 KB)

Reason

Failing to provide a mining operations plan, produce an annual environmental management report and rehabilitate the site. The titleholder illegally mined outside of the mining lease boundary and ignored a statutory direction.

Cancellation

Cancellation: Sheref Sancar - 25 June 2018

Mineral claims MC24202 and MC55398 at opal field area near Lightning Ridge

Section 203 Decision to cancel MC24202 and MC55398 (PDF, 349.86 KB)

Reason

Non-compliance issues and work health and safety breaches by the claim holder.

Variation

Revocation of suspension notice and variation: Aus Gold Mining Group Pty Ltd - 20 August 2021

Revocation of Suspension Notice issued against Mining Lease 1322 (ML 1322) under s.240AA of the Mining Act 1992 (Mining Act), ‘Good Friday Mine’, held by AUS GOLD Mining Group Pty Ltd on 4 February 2019.  

Decision to vary conditions of Authorisation - ML 1322, EL 8697 and EL 8716.

Decision Document – Revocation of suspension notice and variation of authorisation (PDF, 83.53 KB)

This decision takes effect on 20 August 2021.

Reason

The revocation of suspension notice issued against ML 1322 is removed as the requirements of the notice have now been met.

The variation of authorisation that apply to ML 1322, EL 8697 and EL 8716 will provide safeguards to identified risks and reduce the likelihood of future non-compliance.